California’s Draconian Proposition 8 Overturned

In one fale swoop, U.S. District Court judge Vaughn Walker’s ruling overturning Proposition 8 has dealt a formidable blow to the flat earth forces of hyper-religiosity, bigotry, hysteria and unreason. Although Prop 8 supporters are gearing up for a Ninth Circuit Court challenge that may eventually proceed to the Supreme Court, Walker’s defense of LGBT couples’ inalienable rights under the Constitution are a legal watershed. Here are his linchpin arguments:

1. “Individuals do not generally choose their sexual orientation. No credible evidence supports a finding that an individual may, through conscious decision, therapeutic intervention or any other method, change his or her sexual orientation.”

2. “California has no interest in asking gays and lesbians to change their sexual orientation or in reducing the number of gays and lesbians in California.”

3. “Same-sex couples are identical to opposite-sex couples in the characteristics relevant to the ability to form successful marital unions. Like opposite-sex couples, same-sex couples have happy, satisfying relationships and form deep emotional bonds and strong commitments to their partners.”

4. “Marrying a person of the opposite sex is an unrealistic option for gay and lesbian individuals.”

5. “The availability of domestic partnership does not provide gays and lesbians with a status equivalent to marriage because the cultural meaning of marriage and its associated benefits are intentionally withheld from same-sex couples in domestic partnerships.”

6. “Permitting same-sex couples to marry will not affect the number of opposite-sex couples who marry, divorce, cohabit, have children outside of marriage or otherwise affect the stability of opposite-sex marriages.”

7. “Proposition 8 places the force of law behind stigmas against gays and lesbians, including: gays and lesbians do not have intimate relationships similar to heterosexual couples; gays and lesbians are not as good as heterosexuals; and gay and lesbian relationships do not deserve the full recognition of society.”

8. “Proposition 8 increases costs and decreases wealth for same sex couples because of increased tax burdens, decreased availability of health insurance and higher transactions costs to secure rights and obligations typically associated with marriage.”

9. “Proposition 8 singles out gays and lesbians and legitimates their unequal treatment. Proposition 8 perpetuates the stereotype that gays and lesbians are incapable of forming long-term loving relationships and that gays and lesbians are not good parents.”

10. “The gender of a child’s parent is not a factor in a child’s adjustment. The sexual orientation of an individual does not determine whether that individual can be a good parent. Children raised by gay or lesbian parents are as likely as children raised by heterosexual parents to be healthy, successful and well-adjusted.”

California’s Draconian Proposition 8 Overturned

3 thoughts on “California’s Draconian Proposition 8 Overturned

  1. 1

    The above post made me weep with joy and relief. The fact that there are still at least a few thinking people in positions of power who are willing to base their stances (and in this case judgments) on reasonable, sound information and exert themselves in their official roles gives me renewed hope for this country and mankind; the fact that this kind of thinking is often seen as radical or even reactionary these days keeps me skeptical regarding the future.

  2. 2

    I was really happy to hear about this. Thanks for posting about some of the arguments used; they seem so obvious and yet it's important for them to be spelled out.

    I got here via and look forward to reading more posts on this site.

  3. 3

    Thanks to you both for your insights — it was important to cite Judge Walker's judgments verbatim because they will be so invaluable to educators and others in refuting the shrill, homophobic illogic of those who believe only heterosexuals are entitled to basic human rights.

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